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UNITED STATES v. ROTH

No. 22752.

208 F.2d 467 (1953)

UNITED STATES v. ROTH and five other actions.

United States Court of Appeals Second Circuit.

Decided October 19, 1953.

Rehearing Denied December 11, 1953.

Attorney(s) appearing for the Case

James B. Kilsheimer, III, Asst. U. S. Atty., New York City (J. Edward Lumbard, U. S. Atty., and Gerome J. Leone and Whitney North Seymour, Asst. U. S. Attys., New York City, on the brief), for appellant.

Jacob J. Rosenblum, New York City (Garey & Garey, Edward T. Perry, and Wm. F. Corson, New York City, on the brief), for appellee Roth.

Lloyd Paul Stryker, New York City (Harold W. Wolfram, New York City, on the brief), for appellees Giglio, Lawn, and Livorsi.

Before CHASE, Chief Judge, and CLARK and FRANK, Circuit Judges.

PER CURIAM.

Unlike the civil rules, under which the lack of timely appeal here would be quite clear, see Fed.Rules Civ. Proc. rule 58; United States v. Wissahickon Tool Works, 2 Cir., 200 F.2d 936, 939, and cases cited, the federal rules of criminal procedure do not cover the point in issue; and in United States v. Hark, 320 U.S. 531, 534, 64 S.Ct. 359, 361, 88 L.Ed. 290, decided by a divided bench...

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